Lanterna Rally

Author: C. W. Von Coelln

Publisher:

Published: 2015-07-10

Total Pages: 282

ISBN-13: 9781331093756

Excerpt from School Law Decisions in Appeal Cases: Compiled for the Use of School Officers The former publications of School Law Decisions in 1868, 1872, and 1876, have been great helps in determining cases on appeal. Being authorized by the legislature to publish another edition of these decisions, I have omitted many of the older ones, which refer to the old laws, and are of little benefit now. Some have been omitted because they seemed to imply that the judgment of the county superintendent was to be paramount to that of boards. I take the liberty to make a few general suggestions to county superintendents in this preface, to prevent their falling into errors which frequently cause reversals in this department. Section 1836 says: "Nothing in this chapter shall be so construed as to authorize either the county or state superintendent to render a judgment for money, neither shall they be allowed any other compensation than is now allowed by law. All necessary postage must first be paid by the party aggrieved." We understand this to mean that no appeal will lie where the validity of a contract is involved. When a teacher is dismissed, an appeal will lie to determine whether the board of directors had sufficient reason to sustain the charges for which they are dismissed; but the fulfillment of the contract must be enforced by the courts. Since section 1835 of the Code of 1873 makes the decision of this department final, and since sections 3345-3352 provide for a writ in the nature of quo warranto to determine the right and title to office, or the right of a corporation to exist, county superintendents should refuse to entertain any appeal which is prosecuted to determine either of these points. In such cases, the appeal, if brought, should be dismissed and no further hearing granted, as soon as it becomes known what the object of the appeal is. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.